No decision on possible two elections for U.S. Senate seat

Monday

State elections officials are still in a holding pattern after a federal appeals court this week again indicated the state needs to hold two elections for U.S. Senate in November.

State elections officials are still in a holding pattern after a federal appeals court this week again indicated the state needs to hold two elections for U.S. Senate in November.

One would be for a full six-year term, as currently planned. The other would be to fill out the remaining weeks between Nov. 2 and January’s swearing-in for the seat once held by President Barack Obama. Roland Burris holds the seat now.

The appeals court ruling sends the case back to a federal district court in Chicago for further hearings that are scheduled to take place Monday.

“By itself, (the opinion) doesn’t mean a second election,” said Ken Menzel, a counsel for the Board of Elections. “It does seem to indicate there ought to be one. The district court will be operating under that guidance from the appellate court. It will color its deliberations.”

At a Friday news conference on another matter, U.S. Sen. Dick Durbin, D-Ill., said, “I do this for a living, and I’m confused.”

“If I understand it, what the federal court has said is that we have to elect, in the first week of November, a senator to serve until the first week of January, literally two months,” Durbin said.

“Our office has been in touch with the attorney general’s office and others to talk about how this is going to be done. No one knows.”

The 7th Circuit Court of Appeals previously issued an opinion that the federal Constitution requires a special election be held to fill a U.S. Senate vacancy — a decision it affirmed this week.

Illinois didn’t hold an election after Obama was elected president and resigned his U.S. Senate seat. Instead, then-Gov. Rod Blagojevich appointed Burris to fill the seat, and is now on trial for allegedly trying to sell the seat.

Illinois law stipulates that a U.S. Senate vacancy be filled by temporary appointment until the next congressional election. In this case, that’s the upcoming Nov. 2 general election.

Two men sued, arguing a special election had to be held earlier than that.

The appeals court ruled the U.S. Constitution requires a special election when a Senate vacancy occurs, and state law takes a back seat to the federal Constitution.

The court said Gov. Pat Quinn has to issue a writ for a special election, while acknowledging the only choice for such an election date now is Nov. 2. The winner of that election would serve only until early January, when a new Congress is sworn into office and the winner of the regular election takes the seat.

Quinn’s office said Friday that lawyers are reviewing their options.

If the lower court orders a special election to fill out the Obama/Burris term, there are still issues to be resolved, including who will be allowed to run. Normally, a field of candidates is weeded out in a primary election. The board estimated the cost of the special election process will be at least $30 million if the state is required to hold a primary.

Menzel said that without a primary, the extra election in November will cost, “but it will not be anywhere near as costly as running a special statewide (primary) election.”

However, that means figuring out a way to accommodate what could be a large field of candidates who want to run.

“We’re waiting for the court to order someone to do something,” Menzel said. “Everybody is kind of stuck on waiting on the federal court.”

In an earlier interview Friday, Durbin said, “The obvious answer might be to say all of the candidates nominated for office in the November election from every party are automatically the nominees for” the special election.

With ballot certification required by Aug. 20, Durbin added, “To have a real open primary now and let every party file petitions… I don’t think it’s realistic.”

Political writer Bernard Schoenburg contributed to this report. Doug Finke can be reached at 217-788-1527.

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